This case was last updated from Los Angeles County Superior Courts on 11/20/2020 at 04:52:55 (UTC).

CAPITAL TRUST ESCROW, A CALIFORNIA CORPORATION VS TEHAL SINGH THIND, ET AL.

Case Summary

On 05/22/2019 CAPITAL TRUST ESCROW, A CALIFORNIA CORPORATION filed an Other lawsuit against TEHAL SINGH THIND. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4938

  • Filing Date:

    05/22/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

CAPITAL TRUST ESCROW A CALIFORNIA CORPORATION

Defendants

THIND TEHAL SINGH

OLLER GAS AND FOOD INC. A CALIFORNIA CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

BLOOM DAVID BRUCE

 

Court Documents

Motion for Order (name extension) - Motion for Order NOTICE OF MOTION AND MOTION FOR ORDERS FOR DISCHARGE AND DISMISSAL OF PLAINTIFF, AND FOR PAYMENT OF FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHOR

6/30/2020: Motion for Order (name extension) - Motion for Order NOTICE OF MOTION AND MOTION FOR ORDERS FOR DISCHARGE AND DISMISSAL OF PLAINTIFF, AND FOR PAYMENT OF FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHOR

Minute Order - Minute Order (Court Order)

7/9/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 07/09/2020

7/9/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 07/09/2020

Notice (name extension) - Notice OF HEARING ON MOTION FOR ORDERS FOR DISCHARGE AND DISMISSAL OF PLAINTIFF, AND FOR PAYMENT OF FEES AND COSTS

7/17/2020: Notice (name extension) - Notice OF HEARING ON MOTION FOR ORDERS FOR DISCHARGE AND DISMISSAL OF PLAINTIFF, AND FOR PAYMENT OF FEES AND COSTS

Minute Order - Minute Order (Hearing on Motion for Order for Discharge and Dismissal of Pl...)

8/17/2020: Minute Order - Minute Order (Hearing on Motion for Order for Discharge and Dismissal of Pl...)

Order (name extension) - Order [PROPOSED] ORDERS; (1) FOR HEARING FOR DETERMINATION OF DISPOSITION OF FUNDS (2) FOR DISCHARGE AND DISMISSAL OF PLAINTIFF, AND FOR PAYMENT OF FEES AND COSTS

8/18/2020: Order (name extension) - Order [PROPOSED] ORDERS; (1) FOR HEARING FOR DETERMINATION OF DISPOSITION OF FUNDS (2) FOR DISCHARGE AND DISMISSAL OF PLAINTIFF, AND FOR PAYMENT OF FEES AND COSTS

Notice (name extension) - Notice NOTICE OF ENTRY OF ORDER FOR DISCHARGE AND OF HEARING TO DETERMINE THE DISPOSITION OF FUNDS

9/17/2020: Notice (name extension) - Notice NOTICE OF ENTRY OF ORDER FOR DISCHARGE AND OF HEARING TO DETERMINE THE DISPOSITION OF FUNDS

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial; Hearing - Other TO DETERMINE THE DISPOSITION ...) of 11/18/2020

11/18/2020: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial; Hearing - Other TO DETERMINE THE DISPOSITION ...) of 11/18/2020

Minute Order - Minute Order (Non-Jury Trial; Hearing - Other TO DETERMINE THE DISPOSITION ...)

11/18/2020: Minute Order - Minute Order (Non-Jury Trial; Hearing - Other TO DETERMINE THE DISPOSITION ...)

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

9/17/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

9/18/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Service by Substituted Service - Proof of Service by Substituted Service

7/1/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

7/1/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Complaint - Complaint

5/22/2019: Complaint - Complaint

Summons - Summons on Complaint

5/22/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

5/22/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

5/22/2019: First Amended Standing Order - First Amended Standing Order

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5/22/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6 More Documents Available

 

Docket Entries

  • 11/20/2023
  • Hearing11/20/2023 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 05/25/2022
  • Hearing05/25/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 11/18/2020
  • DocketOrder to Show Cause Re: Escheating of Funds scheduled for 11/20/2023 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 11/18/2020
  • DocketMinute Order (Non-Jury Trial; Hearing - Other TO DETERMINE THE DISPOSITION ...)

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  • 11/18/2020
  • DocketCertificate of Mailing for (Non-Jury Trial; Hearing - Other TO DETERMINE THE DISPOSITION ...) of 11/18/2020; Filed by: Clerk

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  • 11/18/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 11/18/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 11/18/2020

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  • 11/18/2020
  • DocketHearing - Other TO DETERMINE THE DISPOSITION OF FUNDS scheduled for 11/18/2020 at 10:30 AM in Spring Street Courthouse at Department 26

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  • 09/17/2020
  • DocketNotice NOTICE OF ENTRY OF ORDER FOR DISCHARGE AND OF HEARING TO DETERMINE THE DISPOSITION OF FUNDS; Filed by: Capital Trust Escrow, a California corporation (Plaintiff); As to: Tehal Singh Thind (Defendant); Oller Gas and Food, Inc., a California corporation (Defendant)

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  • 08/25/2020
  • DocketUpdated -- Order [PROPOSED] ORDERS; (1) FOR HEARING FOR DETERMINATION OF DISPOSITION OF FUNDS (2) FOR DISCHARGE AND DISMISSAL OF PLAINTIFF, AND FOR PAYMENT OF FEES AND COSTS: Filed By: Capital Trust Escrow, a California corporation (Plaintiff); Result: Granted; Result Date: 08/25/2020

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  • 08/18/2020
  • DocketOrder [PROPOSED] ORDERS; (1) FOR HEARING FOR DETERMINATION OF DISPOSITION OF FUNDS (2) FOR DISCHARGE AND DISMISSAL OF PLAINTIFF, AND FOR PAYMENT OF FEES AND COSTS; Signed and Filed by: Capital Trust Escrow, a California corporation (Plaintiff); As to: Capital Trust Escrow, a California corporation (Plaintiff)

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13 More Docket Entries
  • 07/01/2019
  • DocketProof of Service by Substituted Service; Filed by: Capital Trust Escrow, a California corporation (Plaintiff); As to: Tehal Singh Thind (Defendant); Proof of Mailing Date: 06/17/2019; Service Cost: 106.01; Service Cost Waived: No

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  • 07/01/2019
  • DocketProof of Service by Substituted Service; Filed by: Capital Trust Escrow, a California corporation (Plaintiff); As to: Oller Gas and Food, Inc., a California corporation (Defendant); Proof of Mailing Date: 06/10/2019; Service Cost: 106.01; Service Cost Waived: No

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  • 05/23/2019
  • DocketNon-Jury Trial scheduled for 11/18/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/23/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/25/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/23/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 05/22/2019
  • DocketComplaint; Filed by: Capital Trust Escrow, a California corporation (Plaintiff); As to: Tehal Singh Thind (Defendant); Oller Gas and Food, Inc., a California corporation (Defendant)

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  • 05/22/2019
  • DocketSummons on Complaint; Issued and Filed by: Capital Trust Escrow, a California corporation (Plaintiff); As to: Tehal Singh Thind (Defendant); Oller Gas and Food, Inc., a California corporation (Defendant)

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  • 05/22/2019
  • DocketCivil Case Cover Sheet; Filed by: Capital Trust Escrow, a California corporation (Plaintiff); As to: Tehal Singh Thind (Defendant); Oller Gas and Food, Inc., a California corporation (Defendant)

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  • 05/22/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/22/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC04938    Hearing Date: August 17, 2020    Dept: 26

MOTION TO DISCHARGE LIABILITY AND FOR DISMISSAL, REQUEST FOR ATTORNEY’S FEES AND COSTS

(CCP §§ 386, 386.5)

TENTATIVE RULING:

PLAINTIFF CAPITAL TRUST ESCROW’S MOTION TO DISCHARGE LIABILITY, ETC. IS GRANTED AS TO THE COMPLAINT FOR INTERPLEADER.

A HEARING TO DETERMINE THE DISPOSITION OF FUNDS IS SET FOR NOVEMBER 18, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. EACH CLAIMANT MUST FILE A WRITTEN CLAIM WITHIN 30 DAYS OF THIS ORDER; THE WRITTEN CLAIM SHOULD INCLUDE A DECLARATION SETTING FORTH THE BASIS FOR THE CLAIM OF OWNERSHIP OR INTEREST. ALL CLAIMANTS MUST ALSO PERSONALLY APPEAR AT THE DISBURSEMENT HEARING. IF NO CLAIMS OR APPEARANCES ARE MADE, THE MATTER WILL BE SET FOR AN OSC RE: ESCHEATING FUNDS. (CODE CIV. PROC., § 128; GOVT. CODE, § 68084.1.)

PLAINTIFF CAPITAL TRUST ESCROW IS ORDERED TO GIVE NOTICE OF THIS ORDER AND THE DISBURSEMENT HEARING ON ALL PARTIES, CLAIMANTS AND INTERESTED PARTIES. UPON FILING OF THE PROOF OF SERVICE OF THE NOTICE OF DISBURSEMENT HEARING, PLAINTIFF CAPITAL TRUST ESCROW SHALL BE DISCHARGED OF FURTHER RESPONSIBILITY FOR THE DISPUTED FUNDS.

On May 22, 2019, Plaintiff Capital Trust Escrow (“Plaintiff”) filed this action for interpleader against Defendants Tehal Singh Thind (“Thind”) and Oller Gas and Food, Inc. (“Oller”). Plaintiff alleges that Thind and Oller have claims to funds held by Plaintiff in escrow following the failure of Defendants sale and purchase agreement. (Compl., ¶¶6-8.) Plaintiff now holds $4,565.00 in escrow and upon which conflicting demands have been made by Defendants. (Id. at ¶10.)

On September 17 and 18, 2019, the Court entered both Defendants’ default on the Complaint. On June 30, 2020, Plaintiff filed the instant Motion for Discharge of Liability, Dismissal from the Action and Award of Attorney’s Fees and Costs. To date, no opposition to the Motion has been filed.

Legal Standard

Interpleader is a procedure whereby a person holding money or personal property to which conflicting claims are being made by others, can join the adverse claimants and force them to litigate their claims among themselves. (Hancock Oil Co. v. Hopkins (1944) 24 Cal.2d 497, 508 (i.e., an escrow-holder who receives conflicting demands from the parties to the escrow regarding the funds or documents he or she holds); City of Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1122.)

Once the stakeholder’s right to interplead is established, and he or she deposits the money or personal property in court, he or she may be discharged from liability to any of the claimants. This enables the stakeholder to avoid multiplicity of actions, and the risk of inconsistent results if each of the claimants were to sue him or her separately. (Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 874; City of Morgan Hill, supra, 71 Cal.App.4th at 1122.)

“An interpleader action is traditionally viewed as two suits: one between the stakeholder and the claimants to determine the stakeholder's right to interplead, and the other among the claimants to determine who shall receive the funds interpleaded ... As against the stakeholder, claimants may raise only matters which go to whether the suit is properly one for interpleader, i.e., whether the elements of an interpleader action are present.” (State Farm Fire & Cas. Co. v. Pietak (2001) 90 Cal.App.4th 600, 612.)

If the stakeholder is a defendant who claims no interest in the funds or property held, he or she need not file a cross-complaint interpleader in interpleader. (Code Civ. Proc., §§ 386, subd. (a).) He or she may simply apply to the court for permission to deposit the money or property with the court clerk, and for an order discharging him or her from further liability to the adverse claimants. (Code Civ. Proc., § 386, subd. (a).) Such order will also substitute the adverse claimants as parties to the action; or, if only money is involved, simply dismiss the stakeholder. (Code Civ. Proc., §§ 386, subd. (a), 386.5.) The motion must be supported by an affidavit by the stakeholder establishing the ground for interpleader. (Code Civ. Proc., §§ 386, subd. (a), 386.5.) Notice of the motion must be served on each of the adverse claimants to the funds or property. (Code Civ. Proc., §§ 386, subd. (a), 386.5.)

The stakeholder may seek reimbursement for its costs and reasonable attorneys’ fees incurred.

(UAP-Columbus JV 326132 v. Nesbitt (1991) 234 Cal.App.3d 1028, 1036.) The court may order payment thereof out of the funds deposited by the stakeholder. (Ibid.) Ultimately, such payment may be charged to one or more of the adverse claimants in the final judgment. (Code Civ. Proc., § 386.6.)

Finally, the Court may issue an “order restraining all parties to the action from instituting or further prosecuting any other proceeding in any court in this state affecting the rights and obligations as between the parties to the interpleader until further order of the court.” (Code Civ. Proc., § 386, subd. (f).)

Discussion

Plaintiff’s request to be discharged from liability on the Complaint for Interpleader and Dismissal from the Action is granted. Relief is proper because all claimants have been served with the Summons and Complaint, served with the instant Motion, are in default, or were dismissed from the action. (Motion, Adler Decl., ¶6; Code Civ. Proc., §§ 386 and 386.5.) The subject matter of this action is $4,565.00 held in escrow by Plaintiff. (Motion, Adler Decl., ¶4.) Currently, Plaintiff cannot determine the validity of the conflicting demands that have been made. (Motion, Gabayan Decl., ¶10.) As there are no other claims in this action, Plaintiff may also be dismissed.

Furthermore, the fees and costs sought by Plaintiff are proper. Plaintiff’s counsel has expended attorneys’ fees and costs bringing this action and protecting itself from liability. Specifically, Plaintiff’s counsel filed the instant action and motion, served Defendants, will appear at the instant hearing, will deposit the bond, and has sought to preserve the surplus funds. (Motion, Adler Decl., ¶¶7-14 and Exh. G.) Therefore, fees and costs are awarded in the amount of $1,310.00.00 and $557.36. (Ibid.)

PLAINTIFF CAPITAL TRUST ESCROW’S MOTION TO DEPOSIT BY STAKEHOLDER, ETC. IS GRANTED AS TO THE COMPLAINT FOR INTERPLEADER.A HEARING TO DETERMINE THE DISPOSITION OF FUNDS IS SET FOR NOVEMBER 18, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. EACH CLAIMANT MUST FILE A WRITTEN CLAIM WITHIN 30 DAYS OF THIS ORDER; THE WRITTEN CLAIM SHOULD INCLUDE A DECLARATION SETTING FORTH THE BASIS FOR THE CLAIM OF OWNERSHIP OR INTEREST. ALL CLAIMANTS MUST ALSO PERSONALLY APPEAR AT THE DISBURSEMENT HEARING. IF NO CLAIMS OR APPEARANCES ARE MADE, THE MATTER WILL BE SET FOR AN OSC RE: ESCHEATING FUNDS.  (CODE CIV. PROC., § 128; GOVT. CODE, § 68084.1.)

PLAINTIFF CAPITAL TRUST ESCROW IS ORDERED TO GIVE NOTICE OF THIS ORDER AND THE DISBURSEMENT HEARING ON ALL PARTIES, CLAIMANTS AND INTERESTED PARTIES. UPON FILING OF THE PROOF OF SERVICE OF THE NOTICE OF DISBURSEMENT HEARING, PLAINTIFF CAPITAL TRUST ESCROW SHALL BE DISCHARGED OF FURTHER RESPONSIBILITY FOR THE DISPUTED FUNDS.

 Moving party to give notice.